IN THE CASE OF:
BOARD DATE: 12 NOVEMBER 2008
DOCKET NUMBER: AR20080014173
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his records be corrected to reflect his awards of the Army Commendation Medal (ARCOM) and the National Defense Service Medal (NDSM).
2. The applicant states that he was awarded the ARCOM and the NDSM and he desires them to be added to his records at this time. He also notes that the orders awarding him the ARCOM have his name and Social Security Account Number (SSAN) incorrectly reflected.
3. The applicant provides a copy of Headquarters, 4th Infantry Division General Orders Number 7852 dated 12 December 1969 awarding him the ARCOM in support of his application.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted,
has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect award of the NDSM. The applicant's DD Form 214 already shows his award of the NDSM; therefore, this issue will not be further discussed in these proceedings.
3. The applicant enlisted in Fresno, California on 15 August 1968 for a period of 3 years. He completed his training at Fort Lewis, Washington and was transferred to Vietnam on 11 January 1969 for assignment to Company A, 3rd Battalion, 8th Infantry Regiment, 4th Infantry Division for duty as a light weapons infantryman.
4. He completed his tour in Vietnam on 9 January 1970 and was transferred to Fort Lewis, where he remained until he was honorably released from active duty on 11 June 1971 to attend school. His DD Form 214 shows that he was awarded the NDSM, the Vietnam Service Medal (VSM), the Purple Heart and the Republic of Vietnam Campaign Medal.
5. On 23 May 2001, a DD Form 215 (Correction to DD Form 214) was issued to the applicant showing that the VSM was deleted and the following awards added: the Good Conduct Medal, Combat Infantryman Badge, VSM with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
6. The orders provided by the applicant show that he was awarded the ARCOM by Headquarters, 4th Infantry Division on 12 December 1969. Therefore, this award should be added to his DD Form 214.
7. A review of the applicant's records show that two SSANs were used in his records; however, there is no evidence to distinguish which is the correct SSAN.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that his award of the ARCOM should be added to his records has been noted and found to have merit. While the orders awarding him the ARCOM have the last letter of his last name misspelled and has one of the two SSANs listed in his records on the orders, there is sufficient evidence to establish that he is the same person to whom it was issued. Accordingly, he is entitled to have the award of the ARCOM added to his records.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the ARCOM to his DD Form 214.
________XXX______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080014173
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ABCMR Record of Proceedings (cont) AR20080014173
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